B-59805, JUL. 31, 1962
Highlights
IS FOR APPLICATION. AS THE COURTS IN THE IMMEDIATE CASE AND IN THE CASES RELIED UPON BY THE INSTANT COURT DO NOT APPEAR TO HAVE BEEN FURNISHED COMPLETE INFORMATION FOR THEIR CONSIDERATION OF THE ACTUAL LEGISLATIVE INTENT OF CONGRESS EXPRESSED IN SENATE REPORT NO. 2005. IT IS BELIEVED INAPPROPRIATE TO COMPLY WITH YOUR REQUEST. WE ARE REQUESTING THE ATTORNEY GENERAL TO REPRESENT BEFORE THE COURT THE GOVERNMENT'S INTEREST AND POSITION IN THE CASE.
B-59805, JUL. 31, 1962
TO NATHAN I. SHARE, ESQUIRE:
IN LETTER OF MAY 10, 1962, AS ATTORNEY FOR THE DEFENDANT IN UNITED STATES OF AMERICA, FOR THE USE AND BENEFIT OF WARREN BROTHERS ROADS COMPANY V. GREEN MANOR CONSTRUCTION CO., INC. AND INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, U.S.D.C., N.D., NEW YORK, CIVIL ACTION NO. 8859, YOU BROUGHT TO OUR ATTENTION A MEMORANDUM DECISION DATED MAY 7, 1962, IN WHICH THE COURT RULED THAT IT HAD JURISDICTION UNDER THE MILLER ACT, 40 U.S.C. 270A-C, OF THE SUIT BROUGHT AGAINST THE CAPEHART ACT PAYMENT BOND, 42 U.S.C. 1594 (A), FURNISHED UNDER CONTRACT AF 30 (635/-14549, AND THAT THE ONE-YEAR PERIOD OF LIMITATION, COMMENCING WITH THE DATE OF "FINAL SETTLEMENT" OF THE CONTRACT, IS FOR APPLICATION.
AS A RESULT OF THE COURT'S RULING, YOU RENEWED A REQUEST THAT OUR OFFICE ADVISE THE DATE OF ,FINAL SETTLEMENT" OF THE CONTRACT.
HOWEVER, AS THE COURTS IN THE IMMEDIATE CASE AND IN THE CASES RELIED UPON BY THE INSTANT COURT DO NOT APPEAR TO HAVE BEEN FURNISHED COMPLETE INFORMATION FOR THEIR CONSIDERATION OF THE ACTUAL LEGISLATIVE INTENT OF CONGRESS EXPRESSED IN SENATE REPORT NO. 2005, 84TH CONGRESS, IT IS BELIEVED INAPPROPRIATE TO COMPLY WITH YOUR REQUEST. THEREFORE, WE ARE REQUESTING THE ATTORNEY GENERAL TO REPRESENT BEFORE THE COURT THE GOVERNMENT'S INTEREST AND POSITION IN THE CASE.